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Doesn't much matter what they want, the executor is responsible for distributing the estate in accordance with the will and the permission of the court.
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∙ 12y ago
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How can a family member be stopped from stealing inheritances?
You can take legal action by consulting with a lawyer and obtaining a court order to prevent the family member from accessing or taking the inheritances. You may also consider setting up a trust or placing restrictions on the inheritance to protect it from being stolen. Open communication with other family members about the situation may also help to prevent further theft.
Can beneficiaries to a trust act jointly and severally?
Yes, beneficiaries of a trust can typically act jointly or severally, depending on the terms of the trust document. Joint action requires consensus among beneficiaries, while several action allows beneficiaries to act independently. It is important to review the trust document to understand the specific rights and responsibilities of each beneficiary.
Can changes be made to beneficiaries in a revocable trust that was originally prepared by an attorney?
Yes, changes can typically be made to beneficiaries in a revocable trust that was prepared by an attorney. You would need to work with the attorney who drafted the trust to amend the document and update the beneficiaries accordingly.
Can a beneficiary bully a trustee?
Yes, a beneficiary can attempt to exert undue influence or pressure on a trustee to act in a certain way, but the trustee has a legal duty to act in the best interests of the trust and all beneficiaries. If a beneficiary's behavior crosses the line into harassment or coercion, the trustee may need to take legal action to protect the trust and its beneficiaries.
What is the difference between a trustee and an agent on a trust?
A trustee is a person or entity appointed to manage and administer a trust on behalf of the beneficiaries, while an agent is someone authorized to act on behalf of a trustee in specific circumstances. Trustees have a fiduciary duty to act in the best interests of the beneficiaries, while agents act on behalf of the trustee and must follow the trustee's instructions.
Must all beneficiaries agree to new executor before he can be appointed?
No, beneficiaries do not have to agree on the appointment of an executor. The court makes the appointment. If the family doesn't want someone appointed, the court will likely assign the duties to an attorney or bank.
Do the beneficiaries of an estate have to sign an documents?
It depends on the laws in that state. In some cases for an unsupervised estate, all beneficiaries have to sign that they agree. Other than that, there is seldom anything they need to sign.
Can a policyowner change beneficiaries if it is irrevocable?
No. In Canada, the irrevocable beneficiary must agree to any beneficiary change being requested by the owner, should the change being requested, change the entitlement of the irrevocable beneficiaries.
What is a sentence using the word beneficiary?
Beneficiaries are those who benefit. Here are some sentences.The beneficiaries of his will were happy with what he left them.We are all beneficiaries when people take care of the earth.That law will have many beneficiaries.
Can a vehicle in an estate be taken to a dealership if all heirs do not agree?
The executor determines what will occur. While they will normally attempt to agree with the wishes of the beneficiaries, they are responsible for resolving the estate and its debts.
Is there a law preventing an executor from selling property if the beneficiaries do not agree with the sale?
There is no such law. The executor has the power, from the court, to settle the estate.
Do life insurance beneficiaries take priority over wills?
The answer is yes!
Can an executor buy family home at full price if they are also a beneficiary if 3 out of 4 beneficiaries agree?
Any of the beneficiaries could buy the property at full price. The court has to approve it, but I don't see any reason why they wouldn't approve a valid sale at a market value. The money goes into the estate and is then divided between the debtors and beneficiaries.
Can the executor of an estate borrow against the estate with the informed consent of all beneficiaries?
Yes, as long as all beneficuiaries agree. It is a simple loan agreement.
Can an executor sell house against wishes of beneficiaries if liquidation of the house is not necessary to cover estate expenses or taxes?
If the power to sell real estate was granted in the will then the executor has the power to sell it. However, if ALL the beneficiaries agree that the property should be retained they should insist the property not be sold. Remember that the beneficiaries own the real estate. If the executor proceeds to try to sell the property the beneficiaries should petition the court to review the matter ASAP.
Can the executor of estate take ownership of home in MI probate if all heirs agree can you do quit claim deed to executor when deceased grandma only person on deed?
If the beneficiaries are in agreement and there are no debts remaining, yes. The estate can quit claim to the beneficiary.
How is the personal representative decided on when there is no will and no estate?
Often the court will grant it to the person that applies for it. They may require all of the beneficiaries agree to the individual, or they may appoint a neutral party.
